Quebec student protesters face spectre of criminal records for years to come

MONTREAL — Protesting students may be collecting photos, videos and placards as souvenirs from these heady revolutionary days, but those who are arrested and fingerprinted may end up with a memory that haunts them for years.

Even without a conviction, some run-ins with the law cannot be completely erased, which could make it difficult for some to travel to the United States or get a job, legal experts and border control agents say.

“There are dangers associated with this whole thing that many of the students and their parents are unaware of,” said lawyer Julius Grey, who is representing a handful of the more than 65 people who face criminal charges connected to the student demonstrations.

Many hundreds more have been fined under provincial Bill 78 but only received tickets, which, once paid, don’t leave a trace.

The criminal charges include mischief, obstruction of justice, conspiracy, break and enter, assaulting a police officer and terrorist hoax — charges that can carry heavy sentences if they result in convictions.

“Fighting tooth and nail for an unconditional discharge” in court is the only way to avoid headaches in the future, Grey said. Even if it is on the record somewhere, it’s not as bad as a conviction or even an acquittal, after which the file remains in court records.

Students who are convicted can eventually apply for a pardon, but only five years after completing a sentence for a summary conviction and after 10 years for an indictable offence. The fee has recently been increased from $150 to $631 and it can take up to a year to process.

But a pardon isn’t recognized in the United States, so travel to that country would still be prohibited for certain crimes.

Right now, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the U.S., although if there are multiple convictions and/or other misdemeanours, one could be denied entry, according to the U.S. Customs Border Protection website.

Gregory Bennett, chief customs and border protection officer, wouldn’t reveal much about information they have access to, but said there are many variables in deciding who is admissible.

“Sometimes we have to look at the actual court records, and I know that people don’t usually travel with those, so sometimes we have to request that they bring them next time and send them back,” he said.

Still, charges that allow admission today may not in the future, warns Grey.

“People do not know that our modern society in the last few years has become absolutely inflexible on criminal records,” he said. “There are basically two classes of people — those who have been punished for something and those who haven’t.

“And as soon as you’re convicted and not given an absolution, you join a permanent underclass of people without full rights.”

Scott Mindel, a counsellor at Pardons Canada, a non-profit organization that helps people apply for pardons, said he fields about 50 calls a day from people who find they can’t travel or get work because of a run-in with the law.

“Once anyone is fingerprinted, there is a record of it,” he said. “Even if it goes to court and the judge throws it out, they still have their fingerprints in the system and it will affect them for jobs and travel for the rest of their lives.”

People with records can apply for a waiver to travel to the U.S., which requires filling out myriad forms, paying $585, then waiting for up to a year. The first waiver is valid for a year, then the whole process, including paying the fee, must be repeated.

Background checks have become routine for such jobs as nurses, police officers, security guards and volunteers.